Publications

Download: Multi-State Chart re Covenants Not to Compete.PDF

Labor and Employment attorney Chuck Post will speak on: “Whose Book (of Business) Is It, Anyhow? What to do Before a Competitor Hires Your Employees – or You Hire Theirs” at the California Banker’s Association’s 122nd Annual Convention and 46th Annual Bank Counsel Seminar at the Hyatt Regency Huntington Beach on May 4.

Protecting the willingness of a network to refer business (and growing that willingness to refer) can be essential to a successful banking career or the very survival of a financial institution. But who owns those referral sources? What can banks lawfully do to protect this essential intangible asset? What can departing employees lawfully utilize?

A panel of two attorneys, including Chuck, and a banker, deeply experienced in trade secret protection, offer a review of the most recent court decisions and cutting edge strategies to protect trade secrets and maintain the right to compete lawfully. The presentation will include a brief power point presentation (California emphasis), a panel discussion of recent cases, and questions and answers.

To register, visit: http://www.calbankers.com/annualconvention13

Download: Preliminary Harassment Prevention Flyer 2013.pdf

The Allied Associations are hosting a Sexual Harassment Prevention Training seminar on Wednesday, April 17, 2013. This training fulfills the requirement of AB1825 which requires employers of 50 or more to provide two hours of training to all new supervisory employees within six months of hire and all supervisors every two years.

Weintraub Tobin Labor & Employment attorney Lizbeth West will speak at the seminar. Beth is an adjunct professor of law at McGeorge School of Law, speaks regularly on employment issues and is an experienced AB1825 trainer.

The Fair Employment and Housing Act defines “supervisor” broadly to include any individual having the authority to hire, transfer suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees.

When: Wednesday, April 17, 2013

Time: Two Sessions – Pick One (Limit 50-55 people per session)
9:00 a.m. – 11:00 a.m.
1:00 p.m. – 3:00 p.m

Where: UA Local 447 Pipefitters & Plumbers
8750 Younger Creek Dr.
Sacramento, CA

This is a complimentary seminar offered to all member employees. Attendees will be asked to sign in as proof of attendance. Employers will receive a list of all employees who completed the training for their files.

Please fill out the attached form and
email to:
claired@sacvalleyassoc.net or fax to: 916-475-1695

Registration Deadline – Friday, April 12, 2013

Download: AB 1825 Brochure.pdf

Summary of Program
The regulations regarding California’s Mandatory Sexual Harassment
Prevention Training for supervisors require that certain employers
provide training to their supervisors every two years.

The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations, including things like:

• an overview of sexual harassment laws;
• examples of conduct that constitute sexual harassment;
• lawful supervisory responses to complaints of harassment in the workplace;
• strategies to prevent harassment in the workplace; and
• practical and inter-active hypotheticals and examples to help
• illustrate what sexual harassment, discrimination, and retaliation can look like.

If you are an employer with 50 or more employees, and have supervisors who have not yet been trained, this training is a must. We look forward to hearing from you and helping you comply with your continuing sexual harassment training obligations.

Tuesday, May 7, 2013
9:30 a.m.—11:30 a.m.

Location
Weintraub Tobin
400 Capitol Mall, 11th Fl.
Sacramento, CA 95814

Training Program
9:00 a.m. Registration and Breakfast
9:30 a.m. – 11:30 a.m. Training

Charge: $75.00 per supervisor.

RSVP
Ramona Carrillo
400 Capitol Mall, 11th Fl.
Sacramento, CA 95814
916.558.6046
rcarrillo@weintraub.com

Parking validation provided. Please park in the Wells Fargo parking
garage, entrances on 4th and 5th St.

*Also available via webinar.

Download: April Webinar.pdf

Summary of Program
Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need to understand and comply with how the courts, and various federal and state regulatory agencies, are interpreting the interplay between a number of laws like the FMLA/CFRA, ADA/FEHA, PDL, USERRA, and workers’ compensation. This seminar is designed to help employers and HR professionals understand this complex interplay and to provide some practical guidance on administering leaves and absences.

Program Highlights

• New Regulations and Agency Directives.
• What Does Each Law Provide: A Summary of the Statutes and Regulations.
• A Discussion of the Difference Between “Statutory Leaves” and “Wage
• Replacement Benefits.”
• Under What Circumstances the Statutory Leaves and/or Wage Replacement
• Benefits May Overlap and How to Evaluate and Determine the Employee’s
• Entitlements and the Employer’s Obligations Under Each Law.
• The Importance of Engaging in the “Interactive Process.”
• What are the Courts saying? Recent case law.
• Effective Documentation: Policies, Leave Administration Documents, and Medical Certifications.

Thursday, April 25, 2013
9:00 a.m.—12:00 p.m.

Seminar Program
8:30 a.m. Registration and Breakfast
9:00 a.m. – 12:00 p.m. Seminar
Approved for 2 hours MCLE credit; HRCI credits available upon request.
There is no charge for this seminar.

This seminar is also available via webinar. Please indicate in your RSVP if you will be attending via webinar. If attending via webinar, MCLE and HRCI credits will be provided upon verification of attendance for the entirety of the webcast.

Location
Weintraub Tobin
400 Capitol Mall, 11th Fl.
Sacramento, CA 95814

RSVP
Ramona Carrillo
400 Capitol Mall, 11th Fl.
Sacramento, CA 95814
916.558.6046
rcarrillo@weintraub.com

Parking validation provided. Please park in the Wells Fargo parking
garage, entrances on 4th and 5th St.

Download: Flyer – Complex Web of Federal State and Local Leave Laws (1600508).pdf

Summary of Program

Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need to understand and comply with how the courts, and various federal and state regulatory agencies, are interpreting the interplay between a number of laws like the FMLA/CFRA, ADA/FEHA, PDL, USERRA, and workers’ compensation. This seminar is designed to help employers and HR professionals understand this complex interplay and to provide some practical guidance on administering leaves and absences.

Program Highlights

• New Regulations and Agency Directivess
• What Does Each Law Provide: A Summary of the Statutes and Regulations
• A Discussion of the Difference Between “Statutory Leaves” and “Wage Replacement Benefits”
• Under What Circumstances the Statutory Leaves and/or Wage Replacement Benefits May Overlap and How to Evaluate and Determine the Employee’s Entitlements and the Employer’s Obligations Under Each Law
• The Importance of Engaging in the “Interactive Process”
• What are the Courts saying? Recent case law
• Effective Documentation: Policies, Leave Administration Documents, and Medical Certifications

Seminar Program

8:30 a.m. Registration and Breakfast

9:00 a.m. – 12:00 p.m. seminar

Approved for 3 hours MCLE credit; HRCI credits available upon request.

There is no charge for this seminar

RSVP

Ramona Carrillo
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
916.558.604
rcarrillo@weintraub.com

Download: DE_8133_Sacramento_04-11-13FINAL.pdf

The Sacramento Employer Advisory Council in partnership with the Employment Development Department present: “The Nuts, Bolts, and Secrets to Wage and Hour Compliance” conference on Thursday, April 11th from 7:30 a.m. to 12:30 p.m.

Weintraub Tobin shareholder, Beth West, will be hosting the event as the Chair of the SEAC Board of Directors.

Topics

Wage and hour issues continue to plague even the most savvy employers. Navigating through a multitude of often-conflicting legal requirements is very tricky, and can lead to unanticipated financial liability for your organization.

In this half-day seminar, a panel of leading experts will address compliance issues, the latest legal developments, and common mistakes in the area of wage and hour law, including:

• The basics of wage and hour compliance
• New legislation and case law developments
• Practical steps for compliance
• Common mistakes to avoid
• Enforcement trends

Who Should Attend

• Business owners
• Financial officers
• Human resource managers/staff
• Managers/supervisors
• Special employment program staff

The conference takes place at the Sacramento State Alumni Center, 6000 J Street, Sacramento, CA.

Space is limited. Must register by April 4, 2013. To register, download the EDD brochure by clicking the link above or visit www.saceac.com.

Download: Flyer – Independent Contractor v. Employee (1580548).pdf

Summary of Program

The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

Program Highlights:

This informative webinar will cover the legal landscape of independent contractor status. Topics will include:

• A summary of the various tests applied by federal and state agencies to determine independent contractor status;
• A summary of the enforcement authority of various federal and state agencies and the sanctions they may impose on employers;
• The due diligence employers must engage in before classifying a worker as an independent contractor;
• The federal Department of Labor’s $25 million “Misclassification Initiative” designed to work closely with state agencies to investigate misclassifications and take enforcement action; and
• California’s law imposing monetary and non-monetary sanctions against employers (and certain individuals) who willfully misclassify workers as independent contractors.

If you or your company is currently using independent contractors, this is a webinar you cannot afford to miss. Register today!

Seminar Program

9:00 a.m. Registration and Breakfast

9:30 a.m. – 11:30 a.m. Seminar

Approved for 2 hours MCLE credit; HRCI credits available upon request.

There is no charge for this seminar.

RSVP

Ramona Carrillo

400 Capitol Mall, 11th Fl.

Sacramento, CA 95814

916.558.6046

rcarrillo@weintraub.com